Conover v. Hill

Citations

• 76 Ill. 342

Syllabus

<p>1. Joint obligation—death of joint obligor—effect on rights of obligee. In case of a joint obligation, if one of the obligors die, his representatives are at law discharged, and the survivor alone can be sued. And it also seems well settled, that if the joint obligor so dying be a surety, not liable for the debt irrespective of the joint obligati®n, his estate is absolutely-discharged, both at law and in equity, the survivor only- being liable.</p> <p>2. Chancery jurisdiction—contribution between sureties. The general jurisdiction of courts of equity over matters of account, includes cases of contribution between sureties bound for the same principal, and the jurisdiction assumed in courts of law upon this subject in no manner affects that originally and intrinsically belonging to equity.</p> <p>8. Surety—right to contribution from estate of deceased cosurety. Where one of the sureties upon the bond of a school commissioner, which -jvas joint and several, died, and after his death the surviving surety was compelled to pay for the default of the principal, it was held, that the survivor had a right to compel a contribution from the estate of the deceased co-surety.</p> <p>4. Contribution—sufficiency of bill for, against estate. Where a bill in equity by a surety, against' the administrator and heirs of a deceased co-surety, for contribution, was filed, on the complainant’s own behalf and that of all other creditors of the estate, and it failed to show when letters of administration were issued, or that the two years had elapsed from the time they were issued, or any legal ground or reason for taking administration from the probate court, where his remedy was ample, it was held, that the bill was properly dismissed on demurrer to the same.</p>